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Traffic Safety Trends State Legislative Action 2020

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Traffic Safety Trends State Legislative Action 2020 TRANSPORTATION Traffic Safety Trends State Legislative Action 2020 MAY | 2020 Contents Introduction . 1 Speeding and Speed Limits . 28 Adult Occupant Protection . 1 State Legislation . 29 State Legislation . 3 Lowering Speed Limits . 29 Child Passenger Safety . 4 “Move Over” Laws . 29 State Legislation . 5 Raising Speed Limits . 30 Alcohol and Other Drug-Impaired Driving . 5 Miscellaneous Speeding Laws . 30 State Legislation . 7 Aggressive Drivers . 31 Ignition Interlock Devices and Restricted State Legislation . 31 Driving Privileges . 7 Automated Enforcement . 32 Implied Consent and Impairment Testing Laws . 8 State Legislation . 33 Penalties . 10 Motorcyclist Safety . 35 Diversion and Sealing and Expungement State Legislation . 35 of Records . 10 Motorcycle Licensing and Education . 35 24/7 Sobriety and Drug Monitoring Programs and Treatment Programs . 11 Motorcycle Operation . 36 Miscellaneous Impaired Driving Bills . 12 Autocycles . 36 Motorcycle Helmet Laws . 36 Distracted Driving . 13 State Legislation . 16 School Bus Safety . 37 State Legislation . 37 Teen Drivers . 17 State Legislation . 17 Illegally Passing School Buses and Stop-Arm Cameras . 38 Driver Education . 17 School Bus Equipment . 39 License Examinations . 18 Bicyclist and Pedestrian Safety . 39 Graduated Driver’s Licensing . 18 State Legislation . 40 Older Drivers . 20 Bicyclist Safety . 40 State Legislation . 20 Electric Bicycles . 41 Driver’s Licensing . 21 Pedestrian Safety . 43 State Legislation . 21 Electric Scooters . 44 Commercial Driver’s Licenses . 21 Driver’s Licenses and Instruction Permits . 22 Digital Driver’s Licenses . 23 Medical Designation on Driver’s Licenses . 24 Driver’s License Suspension, Revocation, and Restoration . 24 NATIONAL CONFERENCE OF STATE LEGISLATURES Traffic Safety Trends: State Legislative Action 2020 BY SAMANTHA BLOCH, DOUGLAS SHINKLE AND JONATHON BATES The National Conference of State Legislatures is the bipartisan organization dedicated to serving the lawmakers and staffs of the nation’s 50 states, its commonwealths and territories. NCSL provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues, and is an effective and respected advocate for the interests of the states in the American federal system. Its objectives are: • Improve the quality and effectiveness of state legislatures. • Promote policy innovation and communication among state legislatures. • Ensure state legislatures a strong, cohesive voice in the federal system. The conference operates from offices in Denver, Colorado and Washington, D.C. NATIONAL CONFERENCE OF STATE LEGISLATURES © 2021 NATIONAL CONFERENCE OF STATE LEGISLATURES Introduction States and state legislatures have primary responsibility for establishing traffic safety laws and programs to help ensure the safety of roadway users. In 2020, state legislatures introduced over 1,400 traffic safety bills related to the 14 topic areas covered in this report. Topic areas examined in this report include adult occupant protection, child passenger safety, alcohol and other drug-impaired driving, distracted driving, teen drivers, older drivers, driver’s licensing, speeding and speed limits, aggressive drivers, automated enforcement, motorcyclist safety, school bus safety, bicyclist and pedestrian safety and electric scooters. This report focuses on notable, enacted legislation from these topic areas. All bills discussed in this report can be found in the NCSL-NHTSA Traffic Safety Legislative Tracking Database . Adult Occupant Protection NHTSA’s data shows that, among passenger vehicle occupants killed in 2019 where it was known whether they were wearing a seat belt, 47%—9,466 people—were unrestrained. The agency estimates that 86% of passenger vehicle occupants who survived fatal crashes in 2019 were restrained, while 14% were unrestrained. According to NHTSA, seat belts in passenger vehicles saved an estimated 14,955 lives—of occupants age 5 and older—and prevented thousands of injuries in 2017. An additional 2,549 lives could have been saved if all unrestrained passengers involved in fatal crashes had worn their seat belts. Wearing a seat belt reduces the risk of fatal injury by nearly half for occupants of passenger cars and by more than half for occupants of light trucks and vans. The national seat belt use rate by adult front-seat passengers was 90.7% in 2019. But seat belt use rates vary widely between states. In 2019, they ranged from 70.7% in New Hampshire—the only state without a seat belt law for adults—to 97.1% in Hawaii. According to CDC’s Tribal Road Safety Fact Sheets, low seat belt use is among the major risk factors for traffic fatalities in tribal communities. The average seat belt use rate across the 17 reservations studied was 77.7% and varied greatly, ranging from 49% to 92.6%. Front seat belt use also varies between age and gender. Occupants ages 16 to 24 years continued to have the lowest rate among any age group at 87.6%, according to 2019 data. The seat belt use rate for male occupants was 89.1%, compared with 92.7% for female occupants. However, front seat belt use among male occupant increased significantly from 87.7% in 2018 to 89.1% in 2019. Additionally,Iowa found that 18% of the state’s maternal deaths were caused by crashes, and 71% of the pregnant or postpartum women who died were not buckled up. The state launched a statewide plan to encourage soon-to-be moms to wear seat belts. NATIONAL CONFERENCE OF STATE LEGISLATURES 1 While the number of occupants who buckle up in the back seat has increased in recent years, it continues to be significantly lower than front seat belt users. Rear seat belt use among occupants eight years and older was 77.5% in 2019. Finally, a study suggests that rear seat belt use is higher in private vehicles than in taxis, and results are mixed regarding ride-hailing services such as Uber and Lyft. AAA’s 2019 Traffic Safety Culture Index shows that while drivers completely (73.8%) or somewhat (21.8%) disapproved of driving without wearing a seat belt, over 15% reported having driven at least once without buckling up in the last month. Over 53% of drivers said it was somewhat or very unlikely for a driver to be caught by police for not buckling up. These studies provide a good picture of the state of seat belt use in the U.S. before the COVID-19 public health emergency. However, as mentioned by NHTSA, “there is evidence of an increase in ejection rates among people who were in crashes” during the first months of the pandemic, “suggesting a decrease in seat belt use rate of vehicle occupants.” Males, occupants 18 to 34 years old and people in rural areas saw the highest increases in ejection rates. Higher ejection rates continued into the late summer months, the most recent period for which data is available. Primary and Secondary Laws Primary seat belt laws allow police to stop and ticket a motorist if the driver or passengers are not buckled up. Secondary belt laws allow police to issue a citation only if the driver is first stopped for another infraction. Research affirms that seat belt laws significantly increase seat belt use and that primary enforcement laws are more effective than secondary enforcement laws. According to NHTSA, 92% of front seat occupants in states with primary enforcement laws buckled up, in contrast to 86.2% of front-seat occupants in states with secondary enforcement or no laws in 2019. The effect of seat belt laws on rear-seat occupants is also noteworthy. In 2019, 84% of occupants in back seats used belts in states with seat belt laws for all seating positions, while 68% of occupants in rear seats used belts in states with front-seat-only belt laws. CDC recently released updated Restraint Use State Fact Sheets that provide an overview of state-specific data and proven strategies to increase the use of seat belts. Strategies include enacting primary seat belt laws, establishing increased penalties for violations and short term, high-visibility enforcement programs. State adult seat belt laws can be grouped into the following categories: • Primary enforcement laws for all occupants: 20 states—Alaska, California, Delaware, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maine, Minnesota, Mississippi, New Mexico, New York, Oregon, Rhode Island, South Carolina, Texas, Utah, Washington and Wisconsin, plus the District of Columbia, Guam, the Northern Mariana Islands and Puerto Rico. • Primary front seat belt law and secondary rear seat belt law: Five states—Alabama, Kansas, Maryland, New Jersey and North Carolina. • Secondary laws for all occupants: Six states—Idaho, Massachusetts, Montana, Nevada, Vermont and Wyoming. • Primary front-seat-only belt laws: Nine states—Arkansas, Connecticut, Florida, Georgia, Iowa, Michigan, Oklahoma, Tennessee and West Virginia—and the Virgin Islands. • Secondary front-seat-only belt laws: Nine states—Arizona, Colorado, Missouri, Nebraska, North Dakota, Ohio, Pennsylvania, South Dakota and Virginia. • New Hampshire and American Samoa are the only state and territory without a seat belt law for adults. NATIONAL CONFERENCE OF STATE LEGISLATURES 2 NATIONAL CONFERENCE OF STATE LEGISLATURES iv Adult Seat Belt Laws ME AK VT NH WA MT ND MN WI MI NY MA RI ID WY SD IA IL IN OH PA NJ CT OR NV CO NE MO KY WV VA DC DE HI CA UT NM KS AR TN NC SC MD AZ OK LA MS AL GA Primary enforcement TX FL for all seats Primary enforcement for front seat/secondary AS GU MP PR VI enforcement for rear seat Secondary enforcement for all seats Primary enforcement for front seat only Secondary enforcement for front seat only No law Source: NCSL, 2021 STATE LEGISLATION During the 2020 legislative session, 17 states considered at least 55 bills related to seat belts. However, few were enacted. New York passed four bills in 2020 dealing with various aspects of seat belt law. The New York legislature (AB 6163) amended its adult seat belt laws to require passengers 16 and older to wear a seat belt in the back seat.
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